Wednesday, December 25, 2013

Eichengreen v. Rollins, Inc. case brief

Eichengreen v. Rollins, Inc. case brief summary
757 N.E.2d 952 (2001)

CASE SYNOPSIS
Plaintiff homeowner appealed the judgment of the Circuit Court of Cook County (Illinois) granting defendant security company's motion for summary judgment where the homeowner sued the company for breach of contract and negligence in the installation of a security system.

CASE FACTS
The parties entered into a written contract under which the company was to install a security system. Later, a fire occurred at the homeowner's home, originating in the bath house. The fire activated the burglar alarm, to which the police responded. Noticing the fire, the police summoned the fire department. The homeowner alleged that it was the intent of the parties that the new security system would protect the entire premises.

DISCUSSION

  • The appellate court found that the four corners of the letter indicated that the parties intended that the company provide the enumerated services for the stated price. 
  • It was a final and complete integration of the agreement, and extrinsic evidence was barred. 
  • There was no evidence that the company breached the contract. 
  • The negligence claim failed, because it was based on alleged duties that exceeded the scope of the contract.
CONCLUSION
The judgment was affirmed.


Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...